Recording in progress. >> Good evening everyone. Welcome to the regularly scheduled meeting of the Yama Zoning Board of Appeals. Today's date is January 22nd, 2026. My name is Sean Igo. I'm the chairman of this board. Uh we'll now convene the
meeting and this is a hybrid meeting. We'll begin by calling a roll call. Barbara >> here. >> John >> here. >> Kim >> here. >> Dick >> here. >> And I'm here. Okay. So a quorum being present. We'll call the meeting to
order. The first matter on our agenda is petition 5211. Phipe Costa, 33 Swift Road. Are you here? Come right up. The property is in an R40 zoning district, the APD in zone 2. The
applicant seeks a variance from section 203.5 front setback relief to allow a 4x8 front porch to remain. >> Good evening, sir. >> Good evening. >> Could you identify yourself for the record, please? >> Yes. Uh my name is Philipe Costa. >> Okay.
>> Um I bought this property at uh 33 Swift Road, South YT. >> Mhm. And u I bought in August last year and I decided to do some renovation outside and inside and u I started the project
outside before my building permit being complete. So I did pull the building permit but I didn't wait. So I'm here to try to fix this. This is my primary home
and the porch is 4 by8. >> Okay. Put a cover over the front of the p over the front door. Okay. I saw that. So, um I guess what happened here is you went in and you applied for a building permit. >> I did for outside. >> Well, you got the building permit. You
put this on. >> Correct. >> Then you found out that it violated the zoning so they couldn't issue you a building permit. Correct. >> And you had to come here to see us for a variance. Yes. >> Okay. All right. Anything else you'd like to add at this time? >> No. Just thanking my neighbors for being
here tonight. >> Oh, I see. Is that your neighbors behind you? >> Yes. >> Okay. >> Are they in favor of your uh petition? >> I hope so. >> I was just Okay. Okay. All right. Well, uh we're going to go to the board right now for a couple see if anybody has any
questions. Barbara, do you have any questions? >> No. Go ahead, John. >> John? >> Not really. No, I don't have any questions. Tim, >> no questions, >> Dick. >> Uh, no questions. Seems like a minimalist >> uh request.
>> Okay. Uh, yeah. So, you're going to end up with what? 26 and 12 >> feet to the uh front set back. Yeah. Okay. Well, all right. I don't really have any questions. Do we have any letters from
anybody? >> We do have one letter of support, Mr. Chairman, Miss Oly >> is from Peg Oir. Is she here tonight? No. No. Peg Larry. Okay. Uh, hi. This is in response to a postcard we received regarding petition
5211 33 Swift Road, South Yarmouth, Mass regarding a variance from section 203.5 for front setback relief. We were contacted as an abuter. My address is 138 Captain Noise Road, South Yarmouth. I have observed the porch and
it's very attractive as is the home. I have no objection to this improvement to the property. Thank you, Mr. Costa, for beautifying the neighborhood. Signed, Margaret Olirri. That's an email. I think that's the extent of our correspondence.
Does anyone in the audience wish to come up and speak in favor of this petition? If so, please come to the microphone. you'd like to come up and speak in favor. Come right over here, ma'am. >> Well, you could go right over that one right there. >> Either one. I guess we would have said
>> I I'm Terra Buchelle. I live at 32 Swiftbrook, directly across from Felipe. I think he's admitted his mistake in not waiting for the permit. Um but also he's done nothing but but add beauty to our
neighborhood. We unfortunately had a lot of dumps move in in the last few years and some nuisances and I think he's really just improving our neighborhood. So I think that that the barrier should be granted for him. He's also a gracious
neighbor and has spoken to the other neighbors around him even about his fencing. Is this okay here? You know, and he didn't have to do that. So >> all right. Well, thank you very much. >> Thank you. Anyone else?
Would anyone care to speak in opposition to this petition? Seeing none, >> do we have anyone on the line? >> Uh, no, Mr. Chairman. >> Um, okay. And you don't wish to add anything else, correct? All right. Um the only
thing I would say is uh it appears that what he has submitted to the town uh meets the building code. Okay. Uh it is 26 1/2 ft from the front. I think that's pretty reasonable
request. Um is anybody prepared to begin a discussion or make a motion? >> I'd make a motion, Mr. the chairman to approve the petition 5211. >> Okay. >> With no conditions. Correct. >> No conditions. >> Okay.
>> We have a second to that motion. >> Second. >> Seconded by Dick. >> Any discussion? Only thing I might add is it's uh you know, we certainly like to see people get building permits before they do the construction. And of course, I
think it would be a financial hardship for you to have to remove it. you comply with the building code >> and I think your request uh >> certainly reasonable. So I think you meet the criteria for a variance. >> Thank you. >> Um anyone else have anything to add?
>> All right. And we're going to take a roll call vote. Mr. Martin, how do you vote? >> I. >> Tim >> I. >> Barbara >> I. >> John >> I. >> And I'm an I. That's five in favor. None opposed. Carries unanimously. Now, once the decision is written, it'll be filed
with the town clerk. >> 20 days must elapse. That's a technical appeal period. I don't think anyone's going to appeal it. >> And then after that, you can get your copy of your variance. You need to take it over to the registry of deeds and record it and then just bring a copy
back for our records. Okay. You have any questions? >> No, I'm good. Thank you very much. Okay. >> Good luck. >> Thank you. >> Thank you. Okay, I'm going to let these guys get set up. The next petition is petition 5212,
Sandbar Management, Inc., property location at 518 and 540 Route 28 West Jarmath. It's in a B2 zoning district and an HMOD1. The applicant seeks a special permit for
per 104.3.2 2 and/or table 202.5 use uh section N11 amusement and recreation services to reconfigure the Wicked Waves water park
by relocating the inflatable rides to the former Salty's property and adding conforming heightwater rides in the current inflatables location. >> Good evening, gentlemen. >> Good evening. Could you identify yourselves for the record, please?
>> For the record, Andrew Singer, attorney in Dennisport. >> Uh, Joe Morama, owner, Sandbar Management. >> Kevin Healey, BSC Group. >> Okay. Good evening, gentlemen. Please proceed. >> Thank you. Um, I'm going to do a quick introduction
following the summary of reasoning for the the legal nicities and then Karen will go through the plans in more detail. Um we are here for uh Wicked Waves Water Park and uh the former Salty's property next door. Uh that is
uh under common ownership and the proposal before you tonight is to incorporate that into the water park. Um and that would be done through as you'll see extending the burm and the fence and you know wrapping that property in and we'll talk about that a little bit more.
Um, the proposal before you tonight does not change in any way the capacity or the intensity of the use. What is being proposed to be done is to move the inflatable rides from the front center of the property over to where the
Salty's property is and to add new water features in the center front center property. And Kieran will go over that in more detail, but the the goal of that is to spread the customers out. It's not to increase occupancy, but it's to particularly for the water rides, um,
let people, it's popular and it lets people, you know, be not so crowded. Uh, we are here before you for, uh, special permit. You've seen us before. Um, and, uh, you know, the the threshold being, uh, that what is being proposed is not
substantially more detrimental to the neighborhood than what is there today. And what on the not substantially more detrimental side of the ledger um would submit that uh for several reasons the proposal is not one the uh pre-existing
nonconformities on the now Salty's property which includes um coverage building setbacks curb cuts uh everything that's a house and a restaurant building on that property um all of those non-conformities are being removed so all the buildings everything
that's there now uh on that lot which and it's very high sight coverage. It's almost all sight coverage except back around the house in the back. All that's being removed. So all those non-conformities are being removed and everything that Kieran's going to discuss with you is conforming. So the
the the um moving the inflatable rides, the water rides, the height, the you know coverages, every everything that's being proposed um is going to be conforming in place of what is now in part non-conforming. Um there will still be an emergency gate which he will go
over to provide um that access uh to the to the what I'll call the east side of the park um which you'll see on the plans um that the burm as I noted will be extended right now and again uh why the proposal is not substantially more
detrimental the the the wide openen curb cuts at Salty's is which is a public you know has been public restaurant that's going to be eliminated and only have that's where the emergency egress is going to be um for for for public safety. So, you'll have a less conflict point on Route 28 as well as all the use
of what is now the Salty's property is going to be coming in from the main um entrance of the park itself. Not proposing change of the seasonal nature. Uh it's still, as you know, it's um June through Labor Day, good weather days only. The inflatables had been open
till longer. They'd been open till 8:00. They now won't be because now you have to go through the water park to get to the inflatables. um they will close they'll follow the waterpark. So um it is not a late operation. Um we have been through both design review and site plan
review and I think you have copies of their you know comment sheets um in your file. Uh there will be no negative impact to drainage, septic flow or storm water. Um there is going to be uh no change in parking or traffic or as I
said intensity of use. um there will be no greater impacts to the neighborhood than you know what's there and Joe's been working with the neighborhood for many many years now and and has a very good relationship and we're not aware of any um issues uh although whenever there are questions or concerns people reach
right out to Joe directly. Um the uh I think I'll stop there and turn over to Kieran and we'll be happy to discuss an hour later any questions you have certainly on both the special permit standard or any of the other details. >> Thank you. >> Okay, thank you Kieran.
>> Good evening. If I could just bring your attention to the plan, I think it easier if I just point out the the things that are happening. So currently this is the area where the inflatables are. It's just to the east of the main entrance into the park itself. What we're proposing to do is move these inflatables over to this area with the
bigger inflatables on the back side of this. Um the balm right now runs from here all the way over to this area. We're proposing to extend the balm, close off these two cub cuts to come on to Salties right now and just have the emergency coming along here which would
be outside the fence of the inflatables and access the park where it access right now. There is an eleancy uh entrance right now through the Salty's property that comes up this area. So, we'll just make it more pronounced than over on the far east side of the
property. In this area, we're proposing four different water features um smaller in nature than the um larger inflatables that are out there. And we are um looking to basically enhance the ability for people to get access to the water
features. Right now there is kind of a bottleneck on this area because this is the primary water feature. So what we're trying to do is to give them an alternate spot to congregate. Um there's no intent to increase the capacity of the park. It's basically just given the
um visitor a better experience by having more opportunity to do more water features. Um other than that the remainer of the park stays the same. It's just basically the moving the inflatables to this area and putting the water features in here. >> Okay. ask any questions?
>> No. Um, those that you're removing, is that the area where they're a little bit tall that come over the fence? Is that the what you have there for >> It can be seen over the fence. >> Correct. It's if you remember where the trampoline used, the >> trampoline, the trapeze, sorry.
>> Trapeze. It's in that area. >> The trapeze was in this area right here, which was closest to the street. These will all be further back from the street. >> Okay. um because they because the structure they're more solid, shall we say, they're going to meet the current setbacks of the 30 ft. Whereas the trampoline was 5T behind the fence. It
didn't because it was temporary, it didn't need to meet that setback. So, it'll be further back. >> Is that the thing that buzzes every 15 minutes? The trampoline. >> What buzzes? >> What is that thing? >> Uh
I I think that's the wave pool. I think >> I didn't hear you. I think it's the wave pool to let people know the waves are coming. Yeah, >> the whole town knows the waves are coming. >> Okay. Okay.
>> These the new water features are all the rides as you can that you have on those are facing in. So it's the back of it, you know, quietest part where the where the rocks come up that is that's what's facing the street. You know, it's behind the fence in the BM, but all the activity will be on the inside of that.
>> Okay. What What are What are the hours of your operation right now? >> Um, right now the water parks 10 to 6 and the inflatables are 10 to 8, but now they'll all close at 6:00 because they >> close everything at 6.
>> The inflatables don't have a separate entrance anymore. You have to go through the water park now to get to it. So, we need to close them all together. I mean contemplating it. >> Yeah. I guess if one thing I just asked Joe when he said 10 to six is what we've talked about in the before and this is
just in the summer. If and I'm not sure it matters to the board but you know if it's good weather he'd ideally like some days maybe to stay open till 7 you know just you know in the middle of the summer just it's still very light outside and um to the extent but so that would put that out there as if he could
he'd like to stay open till 7. I I think we've kind of like to have a little bit of control. I mean, you you do a good job. You you run a good ship over there. Um but we just like to know, you know, what your hours are. So, you know, it's not
>> prefer to say 10 to 7. To say 10 to 7 then, you know, >> is that you cut you're good with those hours 10 to 7? >> Why don't we put 10 to 7? We may not do it as a business decision. There's a lot more >> people working. Uh But it wouldn't be to
your point, Mr. Chairman, it would not be later. It's not, if you might, some of you may recall when the park first opened, the inflatables were open till 10 at night and that got cut back to the 8:00 at night and now it's >> right. >> One of the reasons is nobody really goes to the inflatable park till 4:00 in the afternoon because of the heat. So that's
why it was always open later. So that's why I'm even contemplating seven to give them more time, but I don't know if it'd be worth it to open the to keep the water park open for another hour. All right. Okay. We'll leave that. >> Okay. Anyone else have any questions
while we >> How many inflatables are you talking about? >> Is that 20? Is that accurate? I counted those blocks. >> Yeah, that's accurate. >> So, I'll trust you. So, it's 20. >> Yeah. >> I haven't counted them in a while.
>> So, these inflatables now, what what are they? Do you have a picture of those? I don't they're not in that package we gave you. Those are they're the existing ones. I mean the inflatables change every year daily. I don't even think there's going to be 20. We would put 20
to be safe. >> Okay. So there's >> I mean it's it's a smaller footprint than what >> Yeah. They look considerably smaller. Yeah. >> What you have the rest of the park. Okay. Um
now you got I had a question. Um, you see you got pools. Do you have certified lifeguards on duty? >> Yes. >> How many certified lifeguards would you have on duty per shift? >> This past season, this will be more with this area. It was 45.
>> 45 certified lifeguards per shift. >> Yes. >> Wow. So this may take us this may take us to >> got more lifeguards in the town. >> This would probably bring us to like 55. >> Okay.
Um I don't know if I have anything. Anyone else have any questions? Dick. >> Uh no I don't think I have any questions. It' be good to So you're coming back in the spring. you said with uh the redo of removing mo the old motel
and and the parking. >> Yeah, we think we have a plan. >> Yeah, as we mentioned the site plan review where that's the goal. >> Just so you know, we're going to be back here next month for the seasonal employee housing on separately. But then yeah, we are planning on coming back in the spring for the
>> Okay. Yeah, that's >> spring or summer. Summer >> and take them down in the fall. the the hotels if it works out. >> Okay. Okay. Um >> I don't have any questions. Any other questions? >> Yeah. >> Anybody? >> I I've got a couple questions here. Go
ahead. >> So, um >> uh how how high are these large inflatables that you're putting in the rear of the law? >> If I I mean, I think there's maybe one or two at 20 ft, but they're they're so
much more downgraded. Even last It won't be visible from the neighborhood in the back. These folks no chance. Not not even not even close. >> And is it fair to say that the larger ones would be noisier than a smaller one? >> No. >> It's all the blowers.
>> Yeah. >> Okay. So, this neighborhood in the back won't hear those things. >> That neighborhood is very secure. >> And and these rides, what what's being proposed now is all in the front of the property. So the the main water attraction in the back is and the in the wave pool. All of that is between this
area and the back neighbor. >> Right. Right. Right. That's you can see that. I just wanted to make sure that. >> And Mr. Manony, in case I misled you when I say larger, there were some extremely large ones back here that were permitted a few years ago. Those were up over 40 ft. These ones are half the size
of those, but they're a little bit bigger than your small bouncy castle that you find at somebody's residential home. But it's still only half the size of the larger ones. the very large ones that were permitted a few years ago. >> Okay, good. All right. Uh, thank you.
>> That's all I got. >> I had some question. How many employees do you have there in summertime? >> 150. >> And are they housed in what I see of these motel units or >> the the the not No, not those. Nobody's in those.
>> Nobody's in those. >> Nobody's Nobody's been in those for five years. For five, seven years. >> Well, I'm sorry. Well, let's make sure we're clarify the the long hotel is the main that's where guests stay. >> If that's what you're you know, so the main that that long one is is for guests
of >> that. But I think you're saying >> if you're talking about the the smaller hotels to the west, those are the ones that have been empty >> and those are the ones, M. Murphy, that Mr. Martin was just referring to that's coming back in the spring.
>> All right. Thank you. And your employees, they generally stay down at the old town of country. Correct. Correct. >> So if there's 150, you got 100. You got 100 or you got 50 local >> towards uh next to the CVS down there. >> Yeah. >> Yeah. We're coming in next month.
>> They come in there. >> But a third of the workers are are local are local kids. >> Okay. Okay. >> Thank you. >> And so you're not you really do what about your parking? Are you going to is there going to be any increase in parking demand?
>> No. >> No, >> because we're not increasing the occupancy. So, it's that all stays the same. >> And then once uh the hotels are decided, Dick, the the the the trees will be planted in the right spots in the parking lot >> when we get the
>> So, along Route 28, I presume that it's going to be consistent with what you have running right there. Right now, you'll extend your fencing down to right where that Then it's going to curve in. You've got your emergency gate there, your access road, and you have a little island right
there that you're going to dress that up. >> That was requested at site plan review. >> Okay. You're going to make that look nice, >> correct? It won't be a fence burm there, but it'll be landscaped better. >> Okay. Today, which is >> Well, that's the corner of your property. We hope you do. And what about coming back up along that? Are those
plantings that I'm seeing there? Those round things? Yeah, those are proposed trees along the uh along the easterly popular line. >> Okay. And what type of fencing would you run there if any? Are you looking at >> We wouldn't have any fencing on the east side of the trees. We would have fencing
along the between the driveway and the um inflatables. >> So, the fence would be inbound of the emergency drive. >> Right. Okay. Okay. And what type of fence is that? Is that going to be like a >> white vinyl? >> Oh, you're going to do the white vinyl
right there. Okay. And then on is there going to be any type of fencing at all? >> What if somebody wants to walk through onto that access road? Can they do that? >> You can. >> Is there going to be a fence that runs along that
>> easterly side of that access road? >> You you can go through to that access road, but you can't get past a certain point when you go back. >> Okay. So, you're going to have a gate up in here somewhere. There's already an existing gate. >> Okay. So, you'll have some type of natural fence there. Conceivably, you could get through, but you walk up,
you're going to get stopped. >> You're going to get stopped. >> Okay. Okay. All right. Okay. Um, anyone else? >> U, I just had a question. Uh, you said there's no change in capacity. Is that
capacity in terms of the motel guest, the hotel guests? >> Correct. What is the park? >> So like capacity, >> right? So how is that controlled >> with the park? >> Are you talking about capacity or access into the park?
>> Well, the number of people accessing the pack per day. >> The parking dictates when when you know you're pretty much you can go a little bit past what you filled up to get to the capacity, but not much more. >> But if someone were to walk up, does that you have many walk up people from
uh >> Oh, no. 70% is walk up. Yeah. >> Yeah. >> All right. Um, and I was confused on on the drawing. The these gray blocks on on the side where the salties uh property
is now. What do those represent? >> These right here? >> Yes. >> Those are the the inflatable rides. >> Oh, all right. So, each one of those is one of the different rides, >> bouncy houses or bouncy castles if whatever you want to call them. >> And those are the rides that are currently uh in the center here.
>> Yes. >> All right. And those are just going to be moved over. Um, and so the the heights are just about 20 feet for those. >> Correct. >> Not not to exceed 20 ft. >> There's only a couple 20 ft if if two.
>> And the new uh the new features, they're in this presentation. Is that right? >> Yes. Correct. >> All right. And so the elevations on those features are again about 22 feet high, >> right? Yeah. You'll see there's a a level on the plans that shows 20 and
then they're about two to three feet higher than that level. >> So specific level and then two to three feet higher than that. >> Ironically, in all the years we've been coming back, these are about the lowest that we've actually come back. >> Well, this is not the limbo. You don't
have to go lower every time. >> Oh, no. No. >> But what works well for the park. >> Yeah. Yeah. All right. Um, those answer my questions, Mr. Chairman. >> Okay. Okay. >> Oh, and I guess one question is um, you
know, you talking about 150 employees. Do you envision uh, any changes in that employment with these new >> Yeah, probably 10 to 15. >> Yeah. Adding 10 to 15. All right. Thank you. >> Okay. All right.
>> Um, sorry. That just raised me another question. So the employees are generally they're coming in from the from their housing down the street. >> Twothirds and then the other third is local. >> Yeah. They're not driving. They're >> the local kids.
>> Yeah. >> Some get dropped off and then if not we we if not we were actually parking their cars at Salties. We'll figure out some other place. >> All right. Thanks. Okay. Uh, is there anyone in the audience that wishes to speak in favor of this
petition? If so, please come to the microphone. Seeing none, is anyone who wishes to speak in opposition to this petition? Please come to the microphone. >> Evening. >> Hi, my name's Paula Hourback. I live at
53 Beverly Road. >> Okay. So, you're right behind the the water park. >> Yes. >> Okay. Um, and I'm I see this as an expansion. In the petition, it says they want to move the inflatables and they
want to replace that area with other um height conforming water rides. Um, so I see this as a as an expansion and I wonder if they're then want are going to want to go to the
corner of West Yarmouth Road. Well, I think we see it as a bit of an expansion, too. So, we're we're kind of in agreement with that, but it's just we're looking at it in terms of how the expansion is, whether it's an increase in the intensity of the use or whether it's consistent with what they have. I
think their representation here is they're just spreading out what they have. Um, and I would hope that they're thinking about stopping here myself. I I think they've taken up quite a bit of space here. We we certainly like their business and we certainly hope that
they're sensitive and I think Joe's done a good job over the years. I hope addressing the concerns of the neighbors on Beverly. >> Um >> I don't think it's been as much more recently. I >> hasn't been over to see you recently.
>> I got you going out back there anymore. um the corner of Whistler Tree and um >> is Whiffle Tree >> knows where it is. >> So you live on the corner? >> Yep. Yeah, the house is on the corner of Beverly and Whistle Tree.
>> Okay. So you're >> Okay. >> More towards the parking lot there. >> Correct. And and I one of my other things is I think that that fence that's sort of a a boundary between the water park and the properties needs to be
increased like doubled in size. Now when I look out my kitchen window I see this huge red exit sign that got added at some point. Um, but again the noise that every 15 minute buzzer that you
mentioned if I sit out on my deck. Um, and there's just more traffic on the street and 28 is a horror scene in the summer. >> Oh yeah, we all know that with or without the water park. It's it's tough. That's a very very busy section. >> Yeah, but I think the water park makes
it work. >> I mean that buzzer that they're talking about. Is there any way we could turn the volume down on that a little? I >> I'll definitely look into that. I didn't realize I I don't even really pay attention. >> I've never heard it myself, but I I know John mentioned it. And >> as far as the traffic though, I mean,
>> well, the traffic >> when it's a hot sunny day is the the less traffic on that street as a as a cloudy, rainy day, and that's when we're the busiest by far. >> But, you know, the the noise is a concern. Well, I mean, we are a resort area and I
think the 10:00 a.m. to 700 p.m. I think that's a fairly reasonable hour. I don't think we'd allow them to go much later than that because we don't want them disturbing the neighbors. And when they first came in, I don't know if you were involved back then, >> wasn't here then, >> but we did do a lot of site visits to
the properties out back and we were all collaborating to make sure that, you know, there wasn't any disturbance of the neighbors. And I think Joe's done a pretty good job over the years. In fact, we really haven't heard any complaints. So, >> but I know at previous meetings you've
said that you weren't going to expand any further. And >> well, he's expanded a little bit onto that Salty's property, but I mean, he owns it. Um, and then the question is, >> what's the highest and best use of that
property? What would it be? It's a little bit locked in there and it's been dilapitated for a few years now. So, I think we're improving it and I think he's kind of spreading things out a little bit and I would just suggest that where he's putting that is down along Route 28, which is the furthest away
from where you are. So, I don't think you'll you'll hear that one, but >> actually might be better because the blowers are far away from >> That's true. So, those So, it may be quieter for you. >> Well, I still have concerns. We are uh
we're sensitive to that issue of uh overexpansion, but I we haven't begun to discuss it yet, which we will have a discussion about that in just a moment. >> Okay. Thank you. >> Thank you, ma'am. Is there anyone else that wishes to
speak in opposition to this petition? Seeing none, do we have anyone on the line? >> No, Mr. Chairman. >> Hands up. Okay. Is there anything else that you would like to add at this time, gentlemen? >> No. Thank you. Any other questions uh for the petitioner from the board?
>> I have none. >> All right. Uh well, then we're going to close it to uh public. We're going to begin board deliberations. Is anyone prepared to make a uh motion or begin a discussion on this matter? >> Dick, what are your thoughts? Well,
again, I'd like to I'd like to see the buffers between the residences in back here uh swift up and I guess that's the next phase. Um I guess I can wait till the next phase
but uh um whatever can be done. I mean this there may be some existing trees. This isn't showing any trees along that back boundary. There's a burm around the kind of the northeast boundary
um but not the others and I think that that >> uh we'll need some attending too >> otherwise I don't have any real problems. >> Okay, >> Jim, your thoughts? Um, well, I will miss the sign at Salty's
telling me how soon it is till summer. >> Um, but no, I think it's, you know, it's a it's a good addition, you know, taking that property out and putting it to its best use. And uh I don't think that the
that the uh amusements are any more uh evident from the the street than they already are. Um I was just trying where is the uh the wave pool with the buzzing? Where is that located?
>> Right here in the middle. >> Oh, I see. Thank you. So, it's uh odd that you would be able to hear that that distance uh to Beverly Road. >> Yeah. >> Why is that?
>> Kids can get noisy. >> Well, I mean, it seems to be quite a distance and you have a lot of obstructions. You have BM fences, trees. Well, so that's what I was getting at earlier is u you know the height of these things the noise carries over a 10
foot if if the structure is 35 ft >> the noise is going to carry over a 10-ft arborite or vinyl >> well I mean depending on the height of the the speaker emanating the noise >> I don't know I don't >> I I think that where his buzzer is
coming from is a real low area it just might be too loud that >> honestly I don't even pay attention to it as I'm there because I'm just there all the time. >> But, uh, >> take a look at that and see. >> I'll look to see if we can make it. I don't know what I know. If I had to guess, it was probably
>> a safety code so they knew the waves were coming. >> But, we can look into it. Sometimes you can >> we we may be able to deflect >> fabricate a new buzzer on it or something and just enough to you know warn people that a wave is coming but not so much that you know people on the
north side of the cape can hear the wave too. >> We we may be able to deflect the noise to keep it more isolated to this area because it's only for the people in the pool. >> Maybe you could put something around the back of it to definite prevent the noise from traveling north. >> That would be difficult but we'll
definitely look at the noise. All right. No further comments, Mr. Chandler. >> John, >> no. I mean, all of my concerns have been addressed. My main concern is the neighborhood in the back. I'm pro business. I want to, you know, it's a
great uh, you know, addition to the town. Um, but I think it could become a nuisance for those folks in the back. I mean, that that water slide there is practically in those folks backyard. That thing is a monster. Um, that's not
what we're talking about today. But I just wanted to make sure we weren't introducing another issue like that. So, uh, but all my concerns have been addressed. So, >> thank you, Barbara. >> Yep. No questions.
>> Um, yes. I I think uh as presented, I I I think it's a reasonable request. I think what they're really doing is just spreading out what they already have there. Again, as I said, what would really become of the Salty's property. I
think the highest and best use of it right now is to incorporate it into the water park. I think it makes the most sense. I think what you're putting out here certainly doesn't appear that it where it's located anywhere right out here in 28 is going to be any type of a
nuis to the neighbors. So, um, I I think you meet the criteria of the bylaw. I certainly don't think you're going to be substantially more non-conforming. I don't see any undue hazard, nuisance, or congestion by the addition of this.
Uh, I do like the access road. Um, that was one of the concerns before I even looked at it as to what would happen in the event of an emergency, be able to get people out of there. Um, I was very impressed with the number of lifeguards that you had on. I didn't realize that
you had that many. I think the hours of operation are very reasonable. They're not too early in the morning. They're not late in the evening. I think everybody's still up at 7:00 or excuse me, up at before well before 10:00 and certainly 7:00 in the evening
is not late. Not certainly not in the summertime. Um, I think by and large, um, you know, the petition has been a very good neighbor because we haven't really heard any complaints and I think when we do hear a concern, uh, it seems to have
been addressed. So, we'll try to work on that noise about the wave pool. Um, I'm certainly going to support this petition. I would recommend the board to support it as well. It does sound like you have the support of the board. I know you're
going to be coming back here again for some other things later on. You said >> yes, >> but we're not going to address We'll address those then. >> We're coming back for the motel, >> right? No, that's fine. We'll we'll address those when we get there. Um but again, I think you've met the criteria
of the bylaw. If is anyone prepared to uh make a motion? >> I'll make a motion to approve uh the petition >> as requested. >> As requested. >> Okay. We have a second to the motion. >> Second. >> Second.
>> Any further discussion? Hearing none, we're going to do a roll call vote. Dick >> I. >> Tim. >> Hi, >> John. >> I >> and I'm an I. That passes five in favor. None opposed. You just asked for the one special permit. Correct. >> That's it for tonight. Correct.
>> Um will you be submitting a uh draft? >> I will be. >> Okay. You you'll handle that one. And uh as you know, 20 days must elapse when it's clocked with the town clerk. After that, you can come pick up your special
permit if you record it over there at the registry of deeds and bring me a copy back for our records. Any questions, gentlemen? >> The work is not going to be done till the fall, so we'll handle all that timing will work out well. >> Sure. Okay, that's great. Thank you very much, gentlemen. >> We appreciate Thank you.
Let's get this straightened up here. All right. Next matter on our agenda is petition 5213. Laurville Santos. Come right up. Uh doing business as Laurville Masonary LLC. The property is
located at 96 Southshore Drive in South Yarmouth. It's in an R25 zoning district. The applicant seeks a special permit for 104.3.2 subp paragraph 2 for increase in height of a pre-existing non-conforming structure to to construct a second floor
addition. The applicant requests a waiver from the requirement for certified site plot plan less than two years old. How you doing today? >> Good. How are you? >> Good. Could you identify yourself for the record? >> Uh my name is Laura V Santos. >> Okay.
>> Are you the owner of the property, sir? I am. >> You are. Okay. Yes. Very good. Okay. Go ahead and uh tell us what you want to do. >> Yeah. Uh before I I tell do one second, I just I I never applied for a special
pyramid >> and I was very helped like on the highest level with patience, kindness, and understand. I I didn't know what a bar is. And I'm talking about you Dolores. Thank you very much for your
help. >> Thank you. She was like amazing. Back on my m I wanted to say that because when you apply for special pen things can go either way. If it goes south I I hope not but I'll be so that's I'm thanking
her because she was amazing. I I I would like to add the second floor on the cage because there is small area and uh I'm put proposing to put a pitch
five so the height would be minimized and behind the the the cottage there is a oak tree on my property there is a big oak tree and the cottage when I'm done will be lower than the oak tree so to interfere other people's view So
wouldn't be a sad issue. >> Okay. Okay. >> All right. So, um I've got a couple of questions here. >> Yes. >> Um the first one is this site plan that you have right here?
>> Yes. >> Um it shows no elevations of your foundation on this one right here that you're going to do. Um are you in a flood zone? You are in a flood zone. >> Yes.
>> Um Okay. Uh and you don't have a foundation plan? I don't see one. >> Now the existing foundation is about 2 ft. >> No, I saw your existing foundation. Um I know this property. I actually grew up
down there. Um, one thing I'm a little confused of, there's 296 Southshore Drives, not 96 and 96A. 296. >> Yeah. >> Now, the history of that little building right there, I think it was a little
cottage at one time. >> Yes. >> Okay. And then it appears that there's been some work done to it over the years. There's no history of any building permits being taken out on that particular little cottage. Uh, since I bought it, there wasn't
done. >> No, since you bought it for Why have there been building permits taken out since you bought it? >> No, because I haven't done anything on a car. >> How long have you owned it? >> Four years. >> Four years. >> Yes. >> Okay. >> Well, there's no history of any permits
being taken out on that. Um, now I think what's going to happen here is first of all, I don't think what you're putting on top of that the existing building is going to be able to support. I don't think a structural engineer is going to be able to stamp those plans
that it's going to be able to support it. Another thing is I think you're going to be required to raise that foundation to comply with flood zone requirements because it appears that you're doing at least a 50% renovation on that. >> Yeah, it would be 50%.
>> So, you're going to have to comply with the FEMA regulations. And I'm not sure, you could be in an AE, but looking at this right here, it looks like your foundation is going to have to be at least
at about elevation 12, which is going to be about 4 feet up from where it is right now. Um, and I don't know if you're planning on raising the existing building,
but um, and I'm not sure that that could even support it. That would be up to the building department whether it's strong enough to hold a second floor. >> Yeah. When I'm looking at sheet A08, they have uh >> I see that
>> 24 by 12 concrete footing. >> Yeah, but they don't they don't actually have a foundation plan and they don't show elevations. Yeah, this is an old I don't know what this is. >> Another question I have is where's your septic system in this? Do you have a title five septic system?
>> I do. Yes. >> Does it is there one septic system for both units? >> Yes. Do you have a certificate of compliance for both of those? >> Yes, I can. >> Do you you have one or you can get one? >> I can get one because >> when's the last time it was inspected
>> when I bought it >> for both? >> Yes. Four years ago. >> And how many um bedrooms do you hold right now? >> The number of bedroom won't change. >> Will not change >> when you're adding a bedroom cuz you got a first floor bedroom right now. One up top.
>> Will be converted an office. Well, >> would be open. Yeah, >> right now it's a bedroom. I think what we're going to say is it's going to be a twobedroom. >> Um, at least I'm that's the way I'm thinking. Um,
let me just look at something here real quick. Do you have any reference on here at all about your septic system? I'm not seeing it. >> It's a four bedroomedroom septic system. >> Well, I'd have to see that from an engineer.
Okay. >> So, I think before I could support this, I'd have to see a foundation plan, a new site plan. Okay. >> Identifying where the septic system is. >> Okay. >> Um and also the plans that you're planning to use here.
We're going to need a more detailed plan than this. >> Okay. >> All right. And >> I structural plans. >> Well, you don't you don't really show I mean you you're showing a foundation that on your plan that shows it's 2 feet
below the ground. >> Yes. >> I've never seen that before. You have to be by code two feet above the ground at minimum above the grade. >> We don't know what your grade is. your natural graded street here. Although it's probably about
well 69 say. So if you were 12 and you're adding 20 to that, you're still probably going to be under the 35. >> Oh, much longer. Yes. >> Um I have some concerns about where this is
located. So close to that property line as well. I think this is uh a little bit close to add a second floor on. Personally, I don't know how the rest of the board feels about that. Um I was a little unsure in the beginning
if you were going to do this to the main house, but then I figured it out that you were going to do I maybe the others felt the same way. Uh, but I I would also need some type of
paperwork to show that this 96 Southshore Drive is actually a legal structure. >> Okay. >> I'm >> from the the building department. >> Well, I you can you can talk to the town. Um, I mean, when you're saying
you're a legally pre-existing non-conforming structure, I don't know about that. I don't know how long this has been here. Um, >> Sean, I did sell the property. >> You did? Oh, >> I'm not sure about I guess. >> Okay.
>> We had looked into that at that time that it was. >> So, you think it's pre-existing. It been forever. >> Okay. No, no, no. I know it's been there forever. I just 96es. >> Yeah. >> Yeah. I like Not 96 and 96A. >> Yeah, there was and there was some some
things that were being called 96A >> at the time it was sold and some things it was just called 96. >> So would you consider this to be a duplex? >> I would. >> Well, there's issues with it becoming too, too close to the lot line, stuff
like that. >> Yeah. I mean I that that part I mean this is Bass River and stuff was built all over the place years and years ago. So I I I know that. Um so put that part aside. I I take Mr. Martin's representation that that was looked
into. So and I'll I'll listen to comments from other board members, but I do have an issue about expanding that up two stories. And if you do, I don't think you can put it on that existing footprint. I mean, I don't
think you can just put a second floor on that existing house right there. >> Existing foundation. Yeah. >> Yeah. I think you're going to need to raise that foundation. And I think you're going to uh >> with to me if you allow me, it wouldn't be an issue to me to raise.
>> Well, what you're really talking about doing there is more of a raise and replace >> versus a an extension and alteration. And you know, I I got to tell you, it's showing that you're 8 ft off that lot line, 88 and
84. You know, I was over there today. I barely got through that gate between the And now maybe that fence that's there is well onto your property line. I don't know. But I didn't even seem to me like you had eight feet to that property line. And then that other house is right
there on the other side of the fence. So, I I I I think I would have a hard time voting to approve a second story on that building. I think if you wanted to improve it as a one-story,
you know, that might be something that I would consider. Um, but I do think that going up a second floor that close to the lot line, I I I don't know that I could support that. I'm I'm just going to go uh right now to
other board members. I'd like to have some comments. Um Dick, what are your thoughts? >> Uh yeah, I mean I I would have those same reservations that
it's funny. I'm looking at your neighbor there and it looks like he went up a second story. >> Yeah, he went up. Yeah, >> that too. >> So close to the Yeah, he went to the Yeah. >> Well, how that happened? >> I I'm not sure either, but I was over there today and he's right on the other side of the fence. So, >> yeah.
>> Yeah, he went up. Yeah. >> Yeah. I'm I'm not thrilled about it. If the neighbor was complaining about it, I feel maybe a little different than >> I got a good relationship to him and he was in favor. He what?
>> He was in F. I got a good relationship with him and he was in favor. >> It looks like this dash yellow line on the color picture too seems to be going across your driveway or new driveway.
Um, so I don't know if that's something else that needs attention cuz you're encroaching with that out of that driveway on his property >> because the he has a fire hydrant and he didn't want to
because was a maintenance. So he >> you want Yeah. Yeah. Right. what he did there. >> Looks like the the neighbor turned his fence. >> Yeah, >> looks like it turns when that's a straight >> Oh, he's allowing you to use his property as part of your driveway >> because the fire hydrant.
>> Okay, that's a benefit to you, I guess. >> I mean, I pulled in the driveway. It seemed like there was plenty of room to get in and out of there. I mean, necessarily a small lot either. I mean, it's it's bigger than I thought it was. >> Yeah. >> As we was was coming out, I I was get it
in Sean today. >> After you left. I don't have anything else to really say. I do know the septic system is in back of the main house there. I can kind of see there. I can see where
there's a leeching field back there. Of course, if you >> I don't know how far it is away from it. Um, >> is that deck new too? >> No, that's old.
I just took a page to change the decking. But on a cottage front, I never done like I did the outdoor kitchen and I plenty of varieties. I I think you saw today. But on a on a cottage, I didn't
>> in that room with the black roof. That's new, too. Relatively new, right? >> The black roof. Yes. Yeah. that that's how I took a payment for that cuz the kitchen was so small and I had a second bedroom
bathroom on it on the main house. Do you still own Dick? Okay. I couldn't remember you. Sorry. And then it it appears here you're what? >> I think
>> 8 ft away from the other house in the front. >> Is that what I'm reading? 8.8 ft. I don't even know if there's a a measurement there. I think that's elevations. I'm looking at a lot. At any rate, John, your thoughts?
Yeah, I mean I I I have similar concerns about proximity to that lot line. What's going on in that bunk house right now? Someone live there? >> No. Uh we just use in the summer. >> You rent it in the summer.
>> Yes. I must rent a house and use the cage. But yeah, it's a rental. >> So no one no one lives there year round? >> No one year round. Yeah, I live in Malber. So you don't even reside here. >> This is my tomb like
>> those are I bought this property >> cash because if I I just work I put my money on masonry >> because I want to live in cave when I >> okay >> this craziness mason thing goes way out I want to live there.
>> Okay. Yeah I I don't have anything else to add. You got a three bedroomedroom home in the main house and you're going to turn this one into a twobedroom. So that means you're going to be five bedrooms. So you're going to um what can the septic
>> I think for it not to be a two-bedroom because it's all done by doors now. >> Yeah, I took it on the plate. >> Widen that. >> Yes, I widen I took that took that out. >> I do the the plans. Well, >> I took that out and >> I have a hard time believing that you're
going to do this whole addition and it's just going to remain a onebedroom. That's uh I mean it might for you. >> Mhm. >> But I think we need to take into consideration, you know, the density and future people here. I like the fact you're talking about, you know,
remodeling it. But, um, at any rate, Barbara, your thoughts? >> Um, yeah, I' I'd really like to see where the septic system is going. I think that's a big admission omission on this plot plan.
>> Well, I tell you what, if you'd like >> and it's it's up to you. Um, but I would have an engineer take a look at this uh figure out what type of a flood zone you're in. Okay.
>> Um, it's definitely an A. a whatever. Yeah. A1 or something. Yeah. Yeah. >> And I think you need to have an engineer take a look at this cuz I think you're in a flood zone.
You probably need relief from conservation on this too because you're in a flood zone. >> Yeah. you will uh I'd like to see what the height of the foundation's going to be and then what you're going to come back with, but I I
think you're also going to have to address that septic system. Of course, it's unfortunate because you're going to have a sewer system right in your front yard. >> I mean, you know, that's >> Do we have to convert to the sewer?
Yeah, public sewer. Well, if you'd like to do that and uh I I I might suggest I mean I I don't know how the others feel about proceeding tonight. I'm I'm going to poll the board right now. Okay. I know I couldn't support it
as is presented. Vyra, could you support this tonight as it's presented? >> No. No. I think we need more information for sure. >> John, Tim. >> Yeah. I think the uh the question about the the foundation that you raised and
the the grade uh would need more information about that, you know, because I'm looking at some of the plans on sheet S01 and uh has the outline of the existing foundation that has plans, but I'm not
sure if that's what's there now or that's what's going to be I >> No, I dug down to for the for the engineer. >> Yeah. So we dig down. >> Mhm. >> For him to support. But I I can expose
Sean if you want to look. >> Um. >> Yeah. Command questions. >> Just quickly, Barbara, I think the septic does show on one of these plants here. The site. >> Well, you have the you have what's appears to be a like that's it. Okay.
>> And the tank. Yes. Yeah. That >> that rectangle >> squeezed in there, >> which is awfully close. >> I I I don't even think that that's the you may be grandfathered by the board of health on that, but it looks like it's too close to
>> at least your front house. I don't know how old that septic system is. >> Do you know how old that septic system is? >> No, but I can find out. >> It looks like it's fairly new. They didn't really put those big long leeching pits in >> years ago. So it's probably >> I have pump I pump twice a year even
though it doesn't use much but I would suggest every other year. I'm sorry >> from my perspective and my consideration that if you come back with this plan I'm going to consider this a five bedroomedroom property >> not a four. You can call it an office
but that that's going to be a bedroom. I I don't think you're building this whole thing just to put one bedroom upstairs. So, the view, >> but that's your business right now. Okay. >> Um >> I don't know how long it's going to take you to do this.
>> Mhm. >> But I not only would I need that, I'd need a better set of plans. I need to see a set of plans, >> the first floor construction. >> I want to see the foundation construction. I want to see the the engineer the height of the foundation
and actually foundation plan that shows the existing septic system in there and how that would run off in the elevation. >> Okay? >> Because if you have to go to conservation, which you do, you're going to have to show them all the contours. So, it's not just us you have to concern
yourself with, it's them as well. >> Okay? >> All right. So, I I think you really should kind of go back to the drawing board and and look at this a little closer. >> Okay. Um, I don't think you're going to be able to do this in time. So, I would suggest
that you request that you withdraw this petition and refile it later. >> Okay. >> Okay. >> And then go to the bot again and everything. >> Well, yeah, but I I I do want you to listen to the concerns of the board as
well. One of the concerns I have is that if you're coming back with a two a twotory structure where the foundation is going to start at about 4 ft higher than where it is right now and then you're going to put a two-story building on there. Um
I mean I and being so close to the lot line I'm going to be a bit concerned about that. I I I think it's going to be a little bit too much too close to that lot line. If you're going to go through all of this, you may want to even consider moving this house a little bit. You got a lot of lot here.
>> If you were to consider relocating that, >> um maybe that's something you might want to look at because you got 15,000 square ft there, which is pretty big for that area. You know, you're sitting on a a third of an acre. If you took that house and kind of moved
it, I see what you're trying to do. Put the glass there so you look at the water. Yeah, >> maybe you can move it around a little bit. Shift your septic somewhere. Get a little further away from the fence. You know, I think you're going to have to put a new foundation in anyway. >> Mhm.
>> So, you may want to throw some ideas around cuz I I I might be more inclined to support this if it was further away from that lot line. >> Lot line. And if the neighbor like >> well the neighbor is one consideration,
but he's not the person who's really convincing me. It's >> okay. >> Yeah. I'm looking at it from the bylaw perspective. >> Okay. >> If you wanted to do this today, you couldn't do it. >> All right. >> On a new we just don't allow this. But >> okay, >> the building's been there for a million
years as my late father used to say. So at this point, you know, >> we're not going to have you take it down. But if you want to start adding to it, I think you're going to find that You can't again you can't put what you want on top of that existing building. I don't think you can support it. So uh so
what's your pleasure? You have two options here. Well, you could go forward your petition tonight and we could take a vote. >> It doesn't sound like you have the requisite vote. So >> if we voted against you, then you'd be precluded or >> you couldn't come back for two years. >> Yeah.
>> Or you could request that you withdraw your petition without prejudice. >> Yes. and you can go back to the drawing board and see exactly what you need from each department and everything and then you could refile it and take another look at it.
>> Sean, could I uh have a meeting with like you for example before I file because then you would say no that doesn't look good for me and then I wouldn't file. You know what I'm saying? Is that possible? >> Well, we're not really supposed to do that. Yeah. Okay.
>> Um, >> as a failure, >> I I would suggest to you that if you're going to go through all of this, >> you're going to put a new foundation in, which means you you might as well just knock that building down and build something new, >> that you may want to reposition it on
the lot, you got lot, you got some lot to work with. >> Mhm. >> Okay. And it's a valuable neighborhood down there. >> Yes. Yes. >> So, if you took this little house and you did a new house, you moved it into the lot somewhat where
you have your setbacks further away. >> Mhm. >> Then you'd actually be decreasing the nonconformity. >> Do you think if I angle it? >> Well, I don't know. I mean, I would just say that I think you need to move it away from the lot lines. >> Okay. >> Okay. >> The whole building. go back and
>> put some drawings together and meet with your engineer and find out exactly what you need. Okay. Okay. Find out what his opinion is about the conservation commission, what the height of your foundation's going to be. Do you have to put a new septic system in there because we're going to look at it, well, at least I'm going to look at it as a
fivebedroom. So, if you only have a four bedroomedroom system, I don't know if you can add on to the existing system or if you need to put a new one in. If you need to put a new one in, then use the land that you have where that septic system is because it's not in the best place. Yeah. >> It's sitting right in the middle of the lot.
>> Yes. >> Okay. >> Get that thing out as far away as you can and then you can utilize the property probably to better use and then when you come in to see us, we probably I won't make any promises, but I think we probably have a different view of
that. Anybody agree with that or >> if we were able to move it off the lot line and that makes sense? Yeah, it does make a lot of sense because now you're not so infringing on the other properties. And >> I don't see where the line from the
so-called bunk house or the cottage goes into the septic either. >> I don't see that either. I I I don't know how two were going into that at the same time. I know by code I don't think you can do that anymore. Okay. I think you need two systems, but you might be
able to do one where both can go into the same. I mean, you got the same address, you know. I don't know. >> That's something you'd have to discuss with the board of health. >> Okay. >> Yeah, I would. >> So, you do have a lot of questions. So, yeah. Is it your position you'd like to withdraw this tonight? Yes. Okay.
Without prejudice. >> Yes. >> So, we have a request from the petitioner to withdraw this petition without prejudice. Anybody prepared to make a motion to that effect? >> Move. >> Motion by Tim. Anybody prepared to second that motion? Seconded. >> Okay. We're going to take a roll call
vote on that. >> Barbara, >> I >> John. >> Hi, >> Tim. >> Hi, >> Dick. >> Hi. >> And I'm an eye as well. So, that passes five in favor. It's withdrawn without prejudice. So, go ahead back and and work try to work that little bit and
talk to some engineers and see what you come up with. All right. Okay. >> And Mr. Santos would also say that, you know, you at the next time you come before the board, you could also have the engineer coming with you. >> Yes. I'm going to If he can't make it in person, we can certainly tap him in by Zoom.
>> Yeah. >> So, he doesn't have to be here in person. >> Yeah. Although they'll be more prepared. >> They want to see if they're going to require raising the house all together, too. >> All right. All right. Yeah. Thank you. All right. Well, thank you very much, Mr. Santos. >> I'll be calling you again. Uh
>> hello. >> Thank you. >> Thank you. >> Uh do we have any other business tonight? >> No, Mr. Chairman. >> No other business. We have a motion to adjurnn. So moved. >> Second. >> All those in favor? I >> They're adjourned.
>> What's that? >> No minutes. >> No minutes.